Brad R. Roth
B.A., Swarthmore College
J.D., Harvard Law School
LL.M., Columbia University School of Law
Ph.D., University of California at Berkeley
International Law
International Human Rights
International Prosecution of State Actors
Political Theory of Public Law
U.S. Foreign Relations Law
Professor Roth holds a joint appointment with the Department of Political Science. He specializes in international law, comparative public law, and political and legal theory. His courses include International Law, International Protection of Human Rights, International Prosecution of State Actors, U.S. Foreign Relations Law, and Political Theory of Public Law. Before entering academia, he practiced law and served as law clerk to the Chief Justice of the New Jersey Supreme Court. He is the author of Sovereign Equality and Moral Disagreement (Oxford University Press, 2011), Governmental Illegitimacy in International Law (Oxford University Press, 1999), contributing co-editor (with Gregory H. Fox) of Democratic Governance and International Law (Cambridge University Press, 2000), and author of roughly 30 book chapters, journal articles and commentaries dealing with questions of sovereignty, constitutionalism, human rights and democracy.
Sovereign Equality and Moral Disagreement (Oxford University Press) 2011According to Oxford University Press, "in Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm."
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Governmental Illegitimacy in International Law (Oxford University Press) 1999According to Amazon.com: "This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy."
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Democratic Governance and International Law (Cambridge University Press) 2000 EditorFrom Amazon.com: "This book considers how the post-Cold War democratic revolution has affected international law. Traditionally, international law said little about the way in which governments were chosen. In the 1990s, however, international law has been deployed to encourage transitions to democracy, and to justify the armed expulsion of military juntas that overthrow elected regimes. In this volume, leading international legal scholars assess this change in international law and ask whether a commitment to democracy is consistent with the structure and rules of the international legal system."
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"Secessions, Coups, and the International Rule of Law: Assessing the Decline of the Effective Control Doctrine," Melbourne Journal of International Law 11:393-440 (2010). SSRN (Proof Pages): < http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1736718>.
“Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice,” Santa Clara Journal of International Law 8:231-88 (2010). SSRN: < http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1441962>.
“The Entity That Dare Not Speak Its Name: Unrecognized Taiwan as a Right-Bearer in the International Legal Order,” East Asia Law Review (University of Pennsylvania Law School) 4:91-124 (2009).
– Published in Chinese translation, Taiwan Law Review (Taipei: Angle Publishing), (No. 158) 2008.7:84-103.
Republications of 2004 Leiden Journal of International Law article, “Retrieving Marx for the Human Rights Project”:
– Revised version: “Marxian Insights on the Human Rights Project,” in Susan Marks, ed., International Law on the Left: Revisiting Marxist Legacies (Cambridge University Press, 2008), pp. 220-51.
– Original version, in Susan Easton, ed., Marx and Law (Philosophers and Law Series), (London: Ashgate Pub. Ltd.,2008), pp. 265-302.
“State Sovereignty, International Legality, and Moral Disagreement,” in Tomer Broude & Yuval Shany, eds., The Shifting Allocation of Authority in International Law (Oxford: Hart Publishing Co., 2008), pp. 123-61.
“Just Short of Torture: Abusive Treatment and the Limits of International Criminal Justice,” Journal of International Criminal Justice (Oxford University Press) 6:215-39 (2008), available at < http://jicj.oxfordjournals.org/cgi/reprint/mqn012?ijkey=QvcVzUKbRiL4WdA&keytype=ref >.
“Coercion and the Quest for Substantive Freedom,” in Mary Garrett, Heidi Gottfried, & Sandra F. VanBurkleo, eds, Remapping the Humanities: Identity, Community, Memory, (Post)Modernity (Wayne State University Press, 2008), pp. 237-54.
“Taiwan’s Nation-Building and Beijing’s Anti-Secession Law: An International Law Perspective,” in Chen Chi-sen et al., ed., Sovereignty, Constitution, and the Future of Taiwan (Taiwan Law Society, 2006), pp. 1-59.
"The Enduring Significance of State Sovereignty," FLORIDA LAW REVIEW 56:1017-50 (2004).
"Retrospective Justice or Retroactive Standards? Human Rights as a Sword in the East German Leaders Case," WAYNE LAW REVIEW 50:37-68 (2004).
"Retrieving Marx for the Human Rights Project," LEIDEN JOURNAL OF INTERNATIONAL LAW 17:31-66 (2004).
“What’s Left? Socialist Political Thought After the Fall,” in Thomas Newlin & Sibelan Forrester, eds., Towards a Classless Society: Literature, History, and Politics: A Festschrift for Thompson Bradley (Bloomington, Indiana: Slavica (Indiana University) Press, 2004), pp. 195-211.
I"nternational Decisions: Sosa v. Alvarez-Machain;" United States v. Alvarez-Machain, AMERICAN JOURNAL OF INTERNATIONAL LAW 98:798-804 (2004).
"Anti-Sovereigntism, Liberal Messianism, and Excesses in the Drive against Impunity," FINNISH YEARBOOK OF INTERNATIONAL LAW 12:17-45 (2001 volume, published 2003).
“Bending the Law, Breaking It, or Developing It? The United States and the Humanitarian Use of Force in the Post-Cold War Era,” in Michael Byers & Georg Nolte, eds., United States Hegemony and the Foundations of the International Law (Cambridge University Press, 2003), pp. 232-63.
"The CEDAW as a Collective Approach to Women’s Rights," MICHIGAN JOURNAL OF INTERNATIONAL LAW 24:187-225 (2002).
"Understanding the ‘Understanding’: Federalism Constraints on Human Rights Implementation," WAYNE LAW REVIEW 47:891-907 (2002).
(with Gregory H. Fox) "Democracy and International Law,"REVIEW OF INTERNATIONAL STUDIES 27:327-352 (2001).
"Peaceful Transition and Retrospective Justice: Some Reservations - A Response to Juan Mendez," ETHICS & INTERNATIONAL AFFAIRS 15:45-50 (2001).
“The Illegality of ‘Pro-Democratic’ Invasion Pacts,” in Gregory H. Fox and Brad R. Roth, eds., Democratic Governance and International Law (Cambridge University Press, 2000), pp. 328-42.
"Governmental Illegitimacy and Neo-Colonialism: Response to Review by James Thuo Gathii," MICHIGAN LAW REVIEW 98:2056-65 (2000).
(with Gregory H. Fox) "Introduction: The Spread of Liberal Democracy and Its Implications for International Law," in Gregory H. Fox and Brad R. Roth, eds., DEMOCRATIC GOVERNANCE AND INTERNATIONAL LAW (Cambridge University Press, 2000), pp. 1-22.
"Democratic Intolerance: Observations on Fox and Nolte," HARVARD INTERNATIONAL LAW JOURNAL, 37:235-38 (1996), reprinted in Gregory H. Fox & Brad R. Roth, eds., Democratic Governance and International Law, (Cambridge University Press, 2000).
Governmental Illegitimacy in International Law (Oxford University Press, 1999). Winner, 1999 American Society of International Law Certificate of Merit (“Best Work in a Specialized Area”)
“What Ever Happened to Sovereignty? Reflections on International Law Methodology,” in Charlotte Ku & Thomas G. Weiss, eds., Understanding Global Governance (Academic Council on the United Nations System, 1998) <http://www.acuns.wlu.ca/publications/IRILToolbox.pdf>, pp. 69-100.
"Evaluating Democratic Progress: A Normative Theoretical Perspective," ETHICS & INTERNATIONAL AFFAIRS, 9:55-77 (1995), reprinted in Gregory H. Fox & Brad R. Roth, eds., Democratic Governance and International Law, (Cambridge University Press, 2000).
"Governmental Illegitimacy Revisited: ‘Pro-Democratic’ Armed Intervention in the Post-Bipolar World," TRANSNATIONAL LAW & CONTEMPORARY PROBLEMS, 3:481-513 (1993).
"Constitutionalism in Eastern Europe: Alternatives to the Liberal Social Contract, "DICKINSON JOURNAL OF INTERNATIONAL LAW, 11:283-324 (1993).
"The First Amendment in the Foreign Affairs Realm: ‘Domesticating’ the Restrictions on Citizen Participation," TEMPLE POLITICAL & CIVIL RIGHTS LAW REVIEW, 2:255-91 (1993).
- February 21, 2012
Brad Roth published a new book last fall, Soverign Equality and Moral Disagreement (Oxford University Press, 2011), which has been getting much critical acclaim. It was recently reviewed in the New Republic by Michael Ignatieff, former leader of the Liberal Party of Canada and senior resident with the University of Toronto's Massey College. http://www.tnr.com/article/books-and-arts/magazine/100040/sovereign-equality-moral-disagreement-government-roth - November 21, 2011
Brad Roth was interviewed by the Academic Council on the United Nations System (ACUNS) about his recent book Sovereign Equality and Moral Disagreement (Oxford University Press, 2011). ACUNS posted a podcast of the interview. Professor Roth also gave talks in October to the law faculties of Carleton University in Ottawa and McGill University in Montreal, and in November participated in a workshop of contributors to a forthcoming Cambridge University Press volume on International Legal Positivism in a Post-Modern World. - May 19, 2011
Brad Roth gave a lecture on "Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order" at Oxford University. Click here for the podcast. - August 30, 2010
Brad Roth presented a paper on the legality of secessions and coups at the biennial meeting of the International Law Association (ILA) in The Hague; Prof. Roth serves as one of three American Branch representatives on the ILA's Committee on Recognition/Non-Recognition of States and Governments. He also gave a talk at the University of Amsterdam Faculty of Law on the subject of his recently published article, "Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice" (8 SANTA CLARA J. INT'L L. 231 (2010)). - July 20, 2010
Brad Roth's article, “Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice,” has been published in the Santa Clara Journal of International Law 8 (2010). - September 30, 2009
Brad Roth has authored essays for the European Journal of International Law weblog on the "torture memo" controversy and on the current crisis in Honduras. These can be read at < http://www.ejiltalk.org/author/brad-roth/>. - August 19, 2009
Brad Roth is the author of the fourth most frequently-cited Journal of International Criminal Justice article. Click here for a link to the article titled "Just Short of Torture: Abusive Treatment and the Limits of International Criminal Justice." - August 13, 2009
Brad Roth's paper titled, "Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice" was recently listed on the Social Science Research Network's Top Ten download list for Law School Research Papers - Legal Studies. - March 11, 2009
Brad Roth will be giving papers at three national conferences in the coming weeks:Santa Clara University School of Law, Symposium on "The Future of International Criminal Justice," March 13-14, 2009 (paper on "Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice"). http://law.scu.edu/international-criminal-justice-symposium/speakers.cfm
American Society of International Law, Annual Meeting, Washington, D.C., March 26, 2009 (Participating on panel on "The Principle of Legality in International Criminal Law "). http://am2009.asil.org/full-program-schedule.cfm
University of Washington, Simpson Center for the Humanities, Symposium on "Global Justice in the 21st Century," April 17-18, 2009 ("Sovereign Equality and Moral Disagreement"). http://depts.washington.edu/uwch/projects_conferences_global0809.htm
- October 15, 2008
Brad Roth article, "The Entity That Dare Not Speak Its Name: Unrecognized Taiwan as a Right-Bearer in the International Legal Order," has been published in Chinese translation in the Taiwan Law Review (Taipei: Angle Publishing), (No. 158) 2008.7, pp. 84-103. It is available in English on SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015120. Also newly in print are his book chapter, "State Sovereignty, International Legality, and Moral Disagreement," in Yuval Shany & Tomer Broude, eds., The Shifting Allocation of Authority in International Law (Oxford: Hart Publishing Co., 2008), pp. 123-61, and his article, "Just Short of Torture: Abusive Treatment and the Limits of International Criminal Justice," 6 Journal of International Criminal Justice 215 (2008), available at http://jicj.oxfordjournals.org/cgi/reprint/mqn012?ijkey=QvcVzUKbRiL4WdA&keytype=ref. - April 21, 2008
Brad Roth 2004 Leiden Journal of International Law article, "Retrieving Marx for the Human Rights Project," is being republished twice this year in separate collections on Marxist political and legal thought, both due out in the Spring of 2008. A slightly revised version of the original article will appear in Susan Marks, ed., International Law on the Left: Revisiting Marxist Legacies (Cambridge University Press, 2008), and the original version will be reproduced in Susan Easton, ed., Marx and Law (Philosophers and Law Series) (London: Ashgate Publishing, 2008).His new article, "Just Short of Torture: Abusive Treatment and the Limits of International Criminal Justice," is due out this spring in the Journal of International Criminal Justice (vol. 6, no. 2, 2008), published by Oxford University Press.
- April 4, 2007
Brad Roth gave a paper on March 17 in Taipei, Taiwan, The Entity That Dare Not Speak Its Name: Unrecognized Taiwan as Right-Bearer in the International Legal Order, at a National Taiwan University conference on Constitutional Change and Constitutional Reform. Professor Roth also gave a personal briefing to President Chen Shui-bian on legal aspects of Taiwan's quest for international recognition as a state.
On February 15, Professor Roth participated in a Federalist Society-sponsored debate on "The Law of War" with Prof. Michael Lewis of Ohio Northern University Law School. The question debated was whether the U.S. Supreme Court decision in Hamdan v. Rumsfeld was correct to apply Geneva Convention standards to the trials of "enemy combatants." He argued the affirmative side.On March 26, Professor Roth helped organize and participated in the Edward L. Wise Symposium on international criminal law.
- August 23, 2006
Brad Roth under the auspices of the Fulbright Senior Specialist program, taught a two-week intensive course in international human rights law Mari State University in Yoshkar-Ola, Russia (about 400 miles east of Moscow), in furtherance of Wayne State Law School's ongoing exchange with that institution.In April, he and two of his Political Science colleagues co-taught, with counterparts from several European universities, the annual interdisciplinary short course on "Divided Societies" at the Inter-University Centre in Dubrovnik, Croatia; twelve graduate and undergraduate Political Science students participated, and Professor Roth took several of them to The Hague on the way back to observe oral arguments in the Bosnia v. Serbia Genocide Case at the International Court of Justice.
In June, he was an invited speaker in Jerusalem at a Hebrew University conference on sovereignty and international law.
- Brad Roth was profiled in the Legal News.
Read Article - Brad Roth , along with Wayne Law Professor Gregory Fox, was a guest on "The Craig Fahle Show" discussing the recent United Nations meeting where Palestine advocated for full membership in the international group.
Read Article - Brad Roth and his lecture on Closing Guantanamo during Wayne Law's "Legal Perspectives on the Obama Administration" Symposium were highlighted in the Detroit Legal News on Jan. 22, 2009.
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